Is it permissible for me to submit the aforementioned declaration and oath to the government in order to perform the Hajj, knowing that I previously performed the Hajj from a European country 38 years ago, and that Hajj was not part of my country's quota, and if I do not take the oath, I will not be permitted to perform the Hajj?
The state has the right to restrict permissible things [] in order to achieve public interest, and its command must be obeyed. As for someone who performs Hajj from outside his country, there is no justification for preventing him, even if he uses dissimulation (tawriya) in his oath, intending that he has never performed Hajj absolutely before, i.e., from his country. Interpretation (ta'wil) in an oath is permissible for the oppressed and for someone who is neither an oppressor nor oppressed. As for the oppressor, his interpretation does not benefit him, because if he swears an oath concerning a right he possesses, his oath refers to the apparent meaning of the words intended by the one administering the oath.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 14926
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy